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Re: Charge on carrying firearm in violation of 46.02/Murder Login/Join 
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Does anyone have a charge on the issue of carrying a firarm to discuss their differences under TPC 9.31? The defendant brought a loaded gun to discuss his problems with the deceased and another victim. Never had the issue come up before. Any help would be appreciated.

Thanks
 
Posts: 33 | Location: Cameron, Texas | Registered: October 21, 2002Reply With QuoteReport This Post
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That is covered in the deadly force self-defense charge located on this site. Here's the link:

http://www.tdcaa.com/jury_charges/files/932.doc
 
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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The charge used in our case involving this limitation read as follows: "The use of force against another is not justified if the actor sought an explanation from or a discussion with the other person concerning the actor's differences with the other person while the actor was knowingly carrying a handgun on or about his person and he is not on his own premises or premises under his control. * * * If you find from the evidence beyond a reasonable doubt that the defendant was seeking an explanation from or discussion with _____ while he was knowingly carrying a handgun on or about his person and he was not on his own premises or premises under his control, then you must find against the defendant on the issue of self-defense." See also Fink, 97 S.W.3d at 743; Rogers, No. 06-03-166-CV (10-1-04).
 
Posts: 2393 | Registered: February 07, 2001Reply With QuoteReport This Post
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